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MI · Probate Court

Michigan

Small-estate-affidavit threshold and procedure under § MCL § 700.3982.

Verified 2026-05-04
Personal property
$51,000
statutory cap
28-day wait

2025 figure (annual COLA per MCL 700.1210). 2024 had two figures: $28,000 (Jan 1–Feb 20) then $50,000 (Feb 21–Dec 31) due to mid-year amendment.

01

Who is eligible to file

  • Surviving spouse or registered domestic partner
  • Adult children, equally if more than one
  • Parents of the decedent, if no spouse or descendants
  • The named executor under the will, if one exists
  • An heir at law under Michigan's intestate-succession statute, in the absence of the above
02

What counts toward the threshold

The threshold counts only assets that pass through probate. The following do not count against the cap:

Joint tenancy property
Passes by right of survivorship.
Community property w/ ROS
Vests in surviving spouse.
Beneficiary-designated
Life insurance, IRAs, 401(k)s.
TOD / POD accounts
Bank, brokerage, vehicle titles.
Living trust assets
Distributed by the trust, not the will.
Wages owed to surviving spouse
Often a separate path.

State note: 2025 figure (annual COLA per MCL 700.1210). 2024 had two figures: $28,000 (Jan 1–Feb 20) then $50,000 (Feb 21–Dec 31) due to mid-year amendment.

Waiting period
State requires 28 days to elapse from date of death (personal-property path) before filing.
Real property
Excluded — personal property only

The small-estate-affidavit pathway in this state excludes real property. Real-property transfers require a different procedure (often regular probate).

03

Where to file

File with the Probate Court in the county where the decedent resided at death.

We do not maintain a county-by-county directory. The Michigan judicial system operates an authoritative court locator.

Find your county’s Probate Court via the Michigan judicial council website. Search for “Michigan Probate Court county locator” or visit the state government court directory.

04

Form & statute

Forms
  • PC 598 Affidavit
    For collecting personal property of decedent.
  • PC 556 Petition
    For court-supervised assignment of small estate.
Statutes